1240 Abbott Avenue ..~%
CITY oF CAMPBELL
Pubiic ~7orks Department
Date:
March 12, 2002
TO:
TRANSMI-f-FAL FROM THE PUBLIC WORKS DEPARTMENT
Brad and Deborah Johnson
1240 Abbott Avenue
Campbell, CA 95008
Marlene Pomeroy, Department Secretary
1240 Abbott Avenue
FROM:
SUBJECT:
We are forwarding the following:
Copy of recorded Deferred Street Improvement Agreement
for your records.
Remarks:
First Ctrcct (~ampi, ell l'~-'-utor~ a 05008-143o · ~-:;i 405,S06.2150 Fx:, 40g 376.09'~8 ',~l; 405 $c, 6.2790
SEC ;,,Sh~ ..I0~ GO' , ~ ~' CO0~
~? THE ~QUEST OF C[ ~ F C,,",:~P~t.L
Recording Requested By:
City of Campbell
And When Recorded Return To:
City Clerk
City of Campbell
70 N. First Street
Campbell, CA 95008 )
DOCUMENT: ,6063304
· 001606~504~
Titles:l / Pages: 7
Fees .... * No Fees
Taxes...
Copies..
AHT PAID
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
RDE ~ 804
1/17/29~2
2:00 PH
APN: 403-15-0t7
ADDRESS: 1240 Abbott Avenue
(Space above this line for Recorder's use only.)
DEFERRED STREET IMPROVEMENT AGREEMENT
THIS AGREEM]SNT, identified as No. PLN 2001-73, made and entered into this
day of t~~ 20 U/ , by and between BRAD JOHNSON
AND DEBORAH JOHNSON. HUSBAND ANT) WIFE AS JOLNT TENANTS , hereinafter
referred to as "Owner," and the CITY OF CAMPBELL, a municipal corporation of the County of
Santa Clara, State of California, hereinafter referred to as "City."
WHEREAS, City Planning Commission granted Site and Architectural approval by
Resolution 3369 adopted July 24, 2001, upon that certain real property described in Document
#12536602, recorded June 14, 1994, in the office of the County Recorder, County of Santa Clara,
State of California, which property is hereinafter referred to as "said real property" and
commonly known as 1240 Abbott Avenue ;
WHEREAS, compliance with the terms and conditions of this agreement are conditions
to the final approval of above described application to construct a single family residence;
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE-MENTIONED
APPROVAL, it is hereby agreed as follows:
(l) Owner shall provide, construct and/or install at his own proper cost and expense,
public street improvements along the Hacienda Avenue frontage, including the curb return and
related street improvements on Abbott Avenue, within 12 months from the date when owners or
their successors are notified to do so by the City Engineer.
(2) All of said improvements shall be constructed and]or installed within i2 months
from the date that Owners, or their successors, are notified by said City Engineer to do so;
provided however, that in the computation of said twelve-month period, delays due to or caused
by acts of God, viz., unusually inclement weather, major strikes, and other delay beyond the
control of Owners shall be excluded.
-1-
It is expressly understood and agreed to that if Owner shall fail to complete the work
required by this Agreement within the said 12 month period, the City, after giving ten (10) days
written notice thereof to Owner, or his successors, may construct and]or install said
improvements and recover the full cost and expense thereof from owner, or his successors.
It is further expressly understood that the purpose of this agreement is to defer
construction of the above-mentioned improvements until some future date more conducive to the
overall needs of the City of Campbell. In keeping with this understanding, the right of the City to
give any of the notices specified herein in Section (2) of this Agreement to install such
improvements, or to require construction or installation of such improvements, or to install such
improvements itself and recover the costs thereof shall not be barred by the passage of time or
delav by the City, but shall remain open and enforceable indefinitely and forever. It is also
understood that the passage of time or any delay caused by the City shall not relieve the Owners,
or their successors, from pe~ormance under this Agreement. but that the Owners, and their
successors, shall remain bound indefinitely and forever. Any increased construction or
preparation costs caused as the result of the passage of time shall be the responsibility of the
Owners, and their successors.
Nothing herein shall be deemed to prohibit construction of said improvements prior to
notice by the City Engineer to construct or install such improvements, provided that prior to such
installation, all of the provisions of Section (3) shall be satisfied.
(3) Owner, or his successors, shall cause to be prepared at his cost and expense
improvement plans for the construction and]or installation of said improvements prior to such
construction or installation. Said plans shall be prepared by a civil engineer registered by the
State of California and submitted to the City Engineer for examination and approval.
All of said improvements shall be constructed and/or installed in accordance with those
plans approved by the Citv Engineer and shall be made under the supervision and inspection and
to the satisfaction of the City Engineer. Said construction and/or installation shall be in
accordance with the existing ordinances and resolutions of the City of Campbell and to all plans,
specifications, standards, sizes, lines and grades approved bv the City Engineer, and all State and
County statutes applicable thereto. Upon completion and acceptance of the improvements by
City. Owner, or his successors, shall provide reproducible as-built plans to the City Engineer.
(4) The construction work of the improvements embraced by this Agreement shall be
done in accordance with the specifications of the City of Campbell and West Valley Sanitation
District, where indicated.
(5) Prior to approval of the plans by the City Engineer pursuant to Section (3) of this
Agreement, Owner, or his successors, shall pay to the City for examination of improvement
plans, field inspection of construction of improvements and all necessary expenses incurred by
City in connection with said improvements, a sum to be determined when said plans are
submitted in accordance with the rules in effect at that time.
(6) Owner, or his successors, shall file with City, prior to commencing work, surety,
acceptable to City, to ensure full and faithful performance of the construction of all the
aforementioned improvement work, excluding sanitary sewers and water distribution system.
Said surety shall guarantee that Owner, and his successors, will correct any defects which may
appear in said improvement work within one (1) year from the date of acceptance of the work by
City and pay for any damage to other work resulting from the construction thereof, as well as pay
the cost of all labor and materials involved. This surety shall remain in effect until one (1) year
after date of final acceptance of said improvements by City. Said surety amount may be reduced
by the City Engineer after the date of final acceptance to not less than twenty-five (25) percent of
its full value.
(7) Upon final release of said surety by City, the obligations of Owner, and his
successors, contained in this Agreement shall be considered null and void.
(8) When called upon by City to do so, Owner, or his successors, will execute a
petition for the formation of any special assessment district created pursuant to any special
assessment act as provided in the Streets and Highways Code of the State of California created
for the purpose of constructing and/or installing any or all of said improvements.
(9) Owner, or his successors, shall participate in and become a part of any special
assessment district as described in paragraph (8) of this Agreement.
It is expressly understood that any obligations of Owner, or his successors, contained in
this Agreement that are accomplished to the satisfaction of said City Engineer by said special
assessment district shall be considered null and void.
(10) Owner, or his successors, shall make such deposits or file such bonds and enter
into such agreement as required by West Valley Sanitation District to ensure the installation of a
sanitary sewage system to serve said real property, and Owner, or his successors, shall file with
City, upon execution of this Agreement, a letter from said Sanitation District stating that Owner,
or his successors, have made such deposits or filed such bonds and entered into such agreements.
(11) Owner, or his successors, shall pay to Pacific Gas and Electric Company any and
all fees required for installation of underground ~viring circuit to all electroliers within said real
property when Owner, or his successors, is notified by either the City Engineer or the Pacific Gas
and Electric Company that said fees are due and payable. Owner's, and his successors',
obligations under this section shall not be relieved bv delay or the passage of time, but shall
remain binding indefinitely and forever.
(12) Owner, or his successors, shall make such deposits or file such bonds and enter
into such agreement as required by San Jose Water Company when called upon to do so to
ensure that installation of a water distribution system to serve said real property, including fire
hydrant. Owner's. and his successors', obligations under this section shall not be relieved by
delay or the passage of time, but shall bind Owner and successors indefinitely and forever.
-3-
(13) Any easement and right-of-way within or without said real property necessary for
the completion of the improvements shown upon aforesaid improvement plans shall be acquired
by Owner, or his successors, at his own cost and expense. It is provided, however, that in the
event eminent domain proceedings are required for the purpose of secunng said easement and
right-of-way, Owner, or his successors, shall deposit or cause to be deposited with City a sum
covenng the reasonable market value of the land proposed to be taken and to be included in said
sum shall be a reasonable allowance for severance damages, if any. It is further provided that in
addition thereto such sums as may be required for legal fees and costs, engineering and other
incidental costs shall be deposited with the City.
(14) Owner, or his successors, shall carry out any and all negotiations with all
interested parties and shall perforrn or cause to be performed at his own cost and expense and to
the satisfaction of the City Engineer any and all work required to abandon, remove, raise, lower,
relocate and otherwise modify irrigation line or lines within the boundary of said real property.
(15) To the fullest extent permitted by law, Owner, and his successors, shall
indemnify, defend and hold the City of Campbell, the City of Campbell Redevelopment Agency.
and its agents, employees, attorneys, officers, officials, and assignees harmless from any and alt
claims, damages, losses and expenses, including, but not limited to, attorneys' fees, arising out
of, or resulting from any negligent or intentional act or omission (including misconduct) of said
Owner, or his successors, or any subcontractor, or anyone directly or indirectly employed by him.
or anyone for whose acts any of them may be liable in the course of performance of this
Agreement.
The Owner, and his successors, shall also indemnify, defend and hold the City of
Campbell, and its agents, attorneys, employees, officers, officials, and assignees harmless against
and from any and all claims, demands, liabilities, losses, lawsuits, judgments, damages, costs and
expenses (including, but not limited to, attorneys' fees and court costs, whether incurred at trial.
appellate or administrative levels) which the City of Campbell may incur or suffer, or to which
the City of Campbell may be subjected resulting from the failure of Owner, or his successors, or
his agents, employees, subcontractors, or anyone performing services under him, to fulfill any of
the obligations imposed under this Agreement.
(16) It is acknowledged that the provisions of this Agreement constitute covenants for
the improvement of the subject real property for the mutual benefit of Owner's property,
commonly known as 1240 Abbott Avenue and the City's property, commonly described
as Hacienda Avenue and Abbott Avenue where it adjoins Owner's property. These
covenants shall be considered to affect rights in the above-described real properties, and shall be
binding on the heirs, assigns, successors, and grantees of Owner to said real property.
(17) Nothing contained herein shall be construed to transfer any unvested interests in
real or personal property for purposes of the rule against perpetuities.
-4-
(18) In the event that Owner, or his successors, should breach any of the terms,
conditions, or covenants of this Agreement, the City shall be entitled to recover, in addition to
any other relief available in law or equity, all costs incurred in attempting to obtain enforcement
of the Agreement, or compensation for such breach. These costs shall include reasonable
attorneys' fees and court costs.
(19) This is the entire Agreement between the parties and there are no representations,
agreements, arrangements, or understandings that are not fully expressed herein.
(20) This Agreement can be executed in counterparts by the parties hereto, and as so
executed shall consist of one agreement, binding on all the parties.
IN WITNESS WHEREOF, said City has caused its name to be affixed bv its Public
Works Director and City Clerk, who are duly authorized by Ordinance 1951 adopted September
2, 1997, and said Owner has caused his name to be affixed the day and year first above written.
BRAD JOHNSON AND DEBORAH JOHNSON,
HUSBAND AND WIFE AS JOINT TENANTS,
OWNERS
~Debo~,,_~6hnson
(Notary Acknowledgment for above
signator(ies) MUST be attached)
Anne Bybee, City Clerk
CITY OF ~AMPBSLL
Robert Kass
Public Works Director
(Attach Notary Acknowledgment
for all parties)
h:\landdev\ 1240abbott (mp)
-5-
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
perso_nnlly kn,,:~,~p~t~me-{~r proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s)4,a/are subscribed to the within instrument and acknowledged to me that l,~,~t,~e/they executed the
same in.h-i~'t~/their authorized capacity(ies), and that by~/their signature(s) on the instrument, the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
S igna~ure-°~' N°tar'~ublic) d
(This area for notarial seal)
-6-
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
(Notary Public) .,//
personally appeared '~'~'~'t-Lf. ff-,d~ ~,12-~ personally known to me (~l~'~. -- to .me on
xm. b,~s~sfact~) to be the person(~ whose name(g) is/ase,-subscribed to the within instrument and
acknowledged to me that .be/shc/thcy executed the same in his&ed:heir authorized capacity(ie~, and that by
his/~ signature(s) on the instrument, the person(~), or the entity upon behalf of which the person(s~) acted,
executed the instrument.
WITNESS my hand and official seal.
(Signature of $otar~u~lic)
Deferred Street Improvement Agreement
1240 Abbott Avenue
(This area tbr notarial seal)
PUBLIC WORKS- ENGINEERING DIVISION .................. MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
Bob Kass, Public Works Director
Lynn Penoyer, Land Development Manager
I. Harold Housley, Land Development Enginee~rf~'t~
DEFERRED STREET IMPROVEMENT AGREEMENT
Attached please find the signed and notarized copies of the deferred street improvemem agreements
for [ 7-40 P~bb0 ~ P'V£. for your signature.
(Address)
~'~ n~t~, which was approved by:
0
City Council Resolution No.
This agreement was required as a condition of approval fo~ t'~n~Trv~trvfx~ fl
on
Planning Commission Resolution No. ~ ~ (o q
Community Developmem Director on
Public Works Department/Land Developmem Section on
This agreement requires the improvements to be installed:
on ,_'J'~.O 24 /zool .
Within 12 months from the date of the agreement and the required bonds have been
submitted.
j:\forms\landdev agreementmemo
rev 2/01
Within 12 months from the date notified by the City Engineer to install the required
improvements.
0 0 0
z z ~ ~ z z ~ ~ z
PUBL.~ WORKS DEPARTMENT RECEIPT Effective July l, 2OO1
Please collect & receipt thr the thllowing monies:
i~.iZCTil i : ri'l~[i : ::::::::::::::::::::: .............
~35.~35 ag" I :::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::: :::::i:!:i:Z:i:!:Z:i:!:!:i: :i:: i ~!517i;!i 51
Prolect Revenue (specify projec: ..
ENCROACHMENT PERMIT
47221 Apphcauon Fee
No~l-Utllitv Encroachmem Permit tS255.00)
, Minor Encroachmenl Permil < S5.OOO ($55 00)
R-I First Permit (No Fee) Subsequent Permn Yr (SllS.00{
UIiiitv Encroa¢,ment Permit
! Arterial/Collector Street 15370.00)
Res~demia{ Street/Other Areas
22931 ?lan Check Deposit - 2% of ENGR. EST. (SS(X)
22'33i Faithful Performance Security iFPS) (100% of ENGR.EST.)
2233 Labor and Malerials Security
000% of ENGR. EST.)
(10o% bt ENGR.EST )
Cash Deoos~t
(4.% of ENGR.EST.;{$500 mm, SlO.OOO maxi
2293, I_abor and Mamrlal Securilv
( 100% of ENGR. EST.)
47221 Plan Check & Insuecnon Fee tNon-Utflity)
Engr Est. < 2250,000 (12% or' ENGR. EST.)
2203r E~r,Est. >$250.000 tDeuosit 8% of ENGR EST,S30 000 min.
a-22 tJtditv < $100.0OO (8%~
Mmunum Cbarqe Per Location (2135.00)
Conduits/Pipelines u~ to 500 Feet ($2.
\bone 500 Linear Feet /SI.30~
Manholes/Vaults/Etc. ($120,00/ea)
.. Pore Set/Removal IS 120.00/eal
SIreet Tree Plaming~Removai (Sl20,00hreel
22L. 3; gllll:V > 5100 0OO Actual Cost - 20% *'
4-5,)i Prolect P{ans & Soec~ficanons Promct No.
-1.76.0 Standard Svecitications & Detads ($I,'P~ '515 00/Bk)
Aerial Print $ I/2" x I I * ($20.00)
Mans and Ptans 24' x 36' i$7.50)
(30/Calendar Day}
LAND DEVELOPMENT
4.722 Lot Lgne Ad{ustment ($625.00)
4'~22~ Parcel Map ~,4 Lots or Less) ($1.215 -, S25/Lot)
-lC:Z! Final Tract >,lap 15 or More Lots) ($1:570 * $25/Lot)
4"22 Certificate of Compliance ($565.00)
4T22 ' Certltica[e bt' CorrecIlorl
($345.00)
-t-:2 Notary Fee ,ocr signature} (Sl0
4.722 Vacation or' Public Streets & Easements
($625.00)
Assessmem Segregation or Reapportionment
F/esr So(it 1562500)
Each ,\dditional Lot i$1eO 00)
Drainage Area Fee Per Acre (R-l. 52.000)
(Mutt,-Res. $2.250)
(All Other $2.500}
4.~2'? Parkland Dedtcation Fee ,75%/25% Due Upon Cert. of Occupancy)
TRAFFIC
¢$140 00)
4':5 Trat(ic FIo~ Man (Daily Traffic Volumes) IS30 00)
..t':$: Camtmel{ Traffic Model (Full Scone Aq~q~ment) ($2 560 00{
4-25 Campbell Traffic Model (Reduced Scope Assessment)
4.2-: Truck. Permtts
No Parking Siens
($845 00)
($16.00/vet trip)
(SI/each or $25/I00)
OTHER
TOTAL
NAME OF \PPLIC,\NT
==Actual C,/: Plus 2()'~ O~erhead Non-lnleresl bearin~ deoosit)
PHONE
j:',t'o ................ O1-02 xl .... 6-29-01 ClTY CLERK'S. oFFICE
CiTY OF CAMPBELL, CA
REGISTER DATE: i0/25/0i TIME:
AMOUNT
$5~i.00
$~00
Owner
CoOwner
Site
Mail
Xfered
Price
LoanAmt
Lender
VestTyp
LandUse
Zoning
SubPlat
Legal
Census
MapGrid
Total Rms
Bedrooms
Bathrooms
Stories
Dining Rm
Family Bm
Rec Room
----:
:Johnson Brad & Deuorah
:
:1240 Abbott Ave Campbell 95008
:1240 Abbott Ave Campbell Ca 95008
:$229,000 Full D'ee~_Q~D_d__:Grant Dee~
:$183,200 Loan :Conventional
:Imperial Credit Industries
:Joint Tenant IntTy :Adjustable
:01 Res,Single Family Residence
:R1-9 Res Single Family Residence
:Allendale Tract
:TR 479 LOT 4
:Tract:5067.01 Block:3
:873 Bi
:5 Bldg SF :1,033
:2 Lot SF :9,600
:2.00 Lot Acres:.22
:1 Lot Dimen:80xl20
: CntlHt/AC:Heat Only
:1 Pool :Yes
: Fireplace:
~4etroScan / Santa Clara
Units :
Patio :No
Porch :Yes
Elevator :
Lease SF :
Office SF:
Sprinkler:
~arcel :403 15 017
Bldg Id :1
Land :$219,956
Struct :$67,796
Other :
Total :$287,752
%Imprvd :24
% Owned :100
Exempt :$7,000
Type :Homeowners
TaxArea :10043
00-01 Tx :$3,357.26
Phone
Owner :
Tenant :
Year Built :1955
EffYearBlt :1955
Garage Sp :2
Garage SF :480
Bldg Cond :5.0
Bldg Class :5.0
Bldg Shape :Square
CITY OF CAMPBELL
Community Development Department - Current Planning
July 11,2001 ~
Dan Winklebleck
80 Gilman Avenue, #29
Campbell, CA 95008
Re: PLN2001-73 -1240 Abbott Avenue- Site & Architectural Approval
Dear Applicant:
Please be advised that at its meeting of July 24, 2001, the Planning Commission Adopted
Resolution No. 3369 granting a Site and Architectural Approval to allow the construction of a
new single-family residence on the above-referenced property.
This approval is effective in ten days, unless appealed in writing to the City Clerk. California
Code of Civil Procedure, Section 1094.6, governs the time within which judicial review of this
decision must be sought.
If you have any questions, please do not hesitate to contact me at (408) 866-2140.
Sincerely,
Kristi Bascom
Planner I
Frank Mills, Building Department
Chris Veargason, County Fire Department
Harold Housley, Public Works Department
Brad & Debbie Johnson (Property Owners)
1240 Abbott Avenue
Campbell, CA 95008
70 North First Street . Campbell, California 95OO8-1436 · TEL 408.866.2 140 . F.&X 408.866.838 I · TDD 408.866.2790
RESOLUTION NO. 3369
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL GRANTING A SITE AND
ARCHITECTURAL APPROVAL (PLN2001-73) TO ALLOW THE
CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE ON
PROPERTY LOCATED AT 1240 ABBOTT AVENUE IN AN R-l-9
(SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT.
APPLICATION OF MR. DAN WINKLEBLECK, ON BEHALF OF
BRAD AND DEBBIE JOHNSON. FILE NO. PLN2001-73.
After notification and public heating, as specified by law, and after presentation by the
Community Development Director, proponents and opponents, the heating was closed.
After due consideration of all evidence presented, the Planning Commission did find as follows
with respect to application PLN2001-73:
The Planning Commission finds as follows with regard to File No. PLN 2001-31'
1. The development of the proposed project will result in a use that is consistent with the
General Plan land use of low-density residential uses for this area.
2. The proposed project involves the demolition of the existing house and the construction of a
new 3,209 square foot building located on a net lot area of 11,573 square feet.
o
The completed project would consist of a 3,209 square foot building with a 472 square foot
detached garage covering 21.2% of the lot; with 19.7% covered by paving and 59.1%
covered by landscaping.
4. The project would have a floor area ratio of.32.
5. The proposed project is consistent with other development in the surrounding area and is
consistent with the development standards for low-density residential uses.
o
The project is not located in a particularly sensitive environment; and no substantial evidence
has been presented to suggest that there is a reasonably possibility that significant
environmental impacts would result from the project due to unusual circumstances or from
the cumulative impacts of successive projects of the same type in the same place.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
The proposed development and use is compatible with the General Plan of the City and will
aid in the harmonious development of the immediate area and allows for the adaptive reuse
of an older residential structure.
Planning Commission Resolution No. 3369
PLN2001-73 - 1240 Abbott Avenue- Site & Architectural Approval
Page 2
The proposed development is consistent with the City's Zoning Ordinance.
There is a reasonable relationship between the use of the fees imposed upon the project and
the type of development project.
There is a reasonable relationship and a rough proportionality between the Conditions of
Approval and the impacts of the project.
Where approval by the Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance with
all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and
regulations and a~cepted engineering practices for the item under review. Additionally, the
applicant is hereby notified that he/she is required to comply with all applicable Codes or
Ordinances of the City of Campbell and the State of California that pertain to this development
and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
Project Approval: Approval is granted for a Site and Architectural Permit (PLN2001-73)
allowing the development of a 3,209 square foot residence on property located at 1240
Abbott Avenue. The building design and site design shall substantially conform to the
project exhibits listed below, except as may be modified by the Conditions of Approval
herein:
a. Set of plans received by Dan Winklebleck on June 4, 2001, including building elevations
and site plan, with the following revisions:
i. Lower front porch roof element to be flush with rest of first story roofline.
b. Color and material board submitted by Dan Winklebleck, on June 4, 2001.
Site and Architectural Permit Approval: The Site and Architectural Permit shall expire and
be void one year from the date of final approval unless a building permit is obtained.
Construction must be completed one year thereafter or the Site and Architectural Permit shall
be void.
3. Architectural Details: Prior to issuance of building permits, the applicant shall provide
details of the building materials including a window and door schedule.
4. Fences: Any new or existing fencing shall comply with Section 21.59.090 of the Campbell
Municipal Code.
o
Property Maintenance: The property is to be maintained free of any combustible trash,
debris and weeds until the time that actual construction commences. Any temporary
structures on the property shall be removed and any vacant existing structures shall be
Planning Commission Resolution No. 3369
PLN2001-73 - 1240 Abbott Avenue- Site & Architectural Approval
Page 3
secured by having windows boarded up and doors sealed shut or be demolished or removed
from the property (Section 11.201- and 11.414, 1985 Ed. Uniform Fire Code).
6. Parking and Driveways: All parking and driveway areas shall be developed in compliance
with the standards in Chapter 21.50 of the Campbell Municipal Code.
7. Landscaping: The applicant shall be required to provide a minimum of one (1) tree per 2,000
square feet of net lot area of the subject property. Existing trees within the net lot area of the
subject property shall be retained and included in the total. All new trees shall be planted
within the net lot area and shall be planted prior to issuance of a Certificate of Occupancy.
8. Tree Protection Plan: The applicant shall submit a tree protection plan in accordance with
the City's Water Efficient Landscape 'Guidelines (WELS) and the Tree Preservation
Ordinance to indicate how trees to be retained on site will be protected during construction,
prior to issuance of building permits.
Building Division:
Permits Required: Building permit applications shall be required for the proposed demolition
of the existing structure and also for the proposed new structure. The building permit shall
include Electrical/Plumbing/Mechanical fees when such work is part of the permit.
10. Construction Plans: The Conditions of Approval shall be stated in full on the cover sheet of
construction plans submitted for building permit.
11. Size of Plans: The minimum size of construction plans submitted for building permits shall
be 24 in. by 36 in.
12. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the
Building Official, containing foundation and retaining wall design recommendations shall be
submitted with the building permit application. This report shall be prepared by a licensed
engineer specializing in soils mechanics.
13. Site Plan: Application for building permit shall include a site plan that identifies property
and proposed structures with dimensions and elevations as appropriate. Site plan shall also
include site drainage details.
14. Foundation Inspections: A pad certificate prepared by a licensed civil engineer or land
surveyor shall be submitted to the project building inspector upon foundation inspection.
This certificate shall certify compliance with the recommendations as specified in the soils
report and the building pad elevation and on-site retaining wall locations and elevations are
prepared according to approved plans. Horizontal and vertical controls shall be set and
certified by a licensed surveyor or registered civil engineer for the following items:
a. pad elevation
b. finish floor elevation (first floor)
c. foundation comer locations
Planning Commission Resolution No. 3369
PLN2001-73 - 1240 Abbott Avenue- Site & Architectural Approval
Page 4
15.
Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-IR and MF-
1R shall be blue-lined on the construction plans. 8V2 X 11 calculations shall be submitted as
well.
16.
Special Inspections: When a special inspection is required by U.B.C. Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted to
the Building Official for approval prior to issuance of the building permits, in accordance
with U.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from
the Building Inspection Division Counter.
17.
Storm Water: The City of Campbell, standard Santa Clara Valley Non-point Source
Pollution Control Program specification sheet shall be part of plan submittal. The
specification sheet (size 24" X 36") is available at the Building Division service counter.
18. Approvals Required: The project requires the following agency approval prior to issuance of
the building permit:
a. West Valley Sanitation District (378-2407)
b. Santa Clara County Fire Department (378-4010)
c. School District:
Campbell Union School District (378-3405)
Campbell Union High School District (371-0960)
Moreland School District (379-1370)
Cambrian School District (377-2103
Note: To Determine your district, contact the offices identified above. Obtain the School
District payment form from the City Building Division, after the Division has approved
the building permit application.
d. Bay Area Air Quality Management District (demolitions only)
PUBLIC WORKS DEPARTMENT
O---~Proof of Ownership: Prior to issuance of any grading, drainage, or building permits for the
~----~ site, the applicant shall provide a current preliminary title report, grant deed, or other
satisfactory proof of ownership.
20. Unsecured Deferred Street Improvement Agreement: Prior to issuance of any grading,
drainage, or building permits for the site, the owner shall execute an unsecured deferred
street improvement agreement for construction of standard street improvements for Hacienda
Avenue and the curb return at Abbott Avenue.
Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 of
the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant
shall comply with all plan submittals, permitting, and fee requirements of the serving utility
companies.
Planning Commission Resolution No. 3369
PLN2001-73 - 1240 Abbott Avenue- Site & Architectural Approval
Page 5
(~,/f__¢2. Utility Installation Plan: Prior to issuance of building permits for the site, the applicant shall
submit a Utility Installation Coordination Plan and Schedule for approval by the City
Engineer for installation of street improvements and/or abandonment of all utilities. Streets
that have been resurfaced within the previous 5 years will require boring and jacking for all
new utility installations. Applicant shall also prepare pavement restoration plans for
approval by the City Engineer prior to any utility installation or abandonment.
Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the
applicant shall pay the required Storm Drain Area fee that is $2,000 per acre.
Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDE. S) permitting requirements and the California Storm Water Best Management
Practices handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley
Water District and the City of Campbell Municipal Code regarding Storm Water Pollution
Prevention.
PASSED AND ADOPTED this 24th day of July, 2001, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
/2ommissioners:
Francois, Gibbons, Jones and Lowe
None
Doorley, Hernandez and Lindstrom
None
APPROVED:
Tom Francois, Acting Chair
ATTEST:
Sharon Fierro, Secretary
MEMORANDUM CITY OF CAMPBELl,
TO:
FROM:
SUBJECT:
Kristi Bascom, Project Planner
~Lynn Penover, Land Development Manager
Harold Ho[~sley, Land Development Engineerff~
DRC APPLICATION
DATE: 6/26/2001
Site Address: 1240 Abbott Avenue
For File No(s): PLN 2001-00073 (PRE2001-00019)
Project Description: 50% or more addition
Applicant: Dan Winkleblick, Cornerstone Ltd.
COMMENTS: Since the owner may be gradin~ within 50 feet of the Santa Clara Valley Water
District's property, it recommended that clearance be obtained from the district.
PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL
Proof of Ownership: Prior to issuance of any grading, drainage, or building permits for the
site, the applicant shall provide a current preliminary title report, grant deed, or other
satisfactory proof of ownership.
Unsecured Deferred Street Improvement Agreement: Prior to issuance of any grading,
drainage, or building permits fbr the site, the owner shall execute an unsecured deferred
street improvement agreement for construction of standard street improvements for
Hacienda Avenue and the curb return at Abbott Avenue.
Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 of
the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant
shall comply with all plan submittals, permitting, and fee requirements of the serving utility
companies.
Utility Installation Plan: Prior to issuance of building permits for the site, the applicant
shall submit a Utility Installation Coordination Plan and Schedule for approval by the City
Engineer for installation of street improvements and/or abandonment of all utilities. Streets
which have been resurfaced within the previous 5 years will require boring and jacking for
all new utility installations. Applicant shall also prepare pavement restoration plans for
approval by the City Engineer prior to any utility installation or abandonment.
Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the
applicant shall pay the required Storm Drain Area fee which is $2,000 per ac're.
Page 1 of 2
o
Site Address: 1240 Abbott Avenue
For File No(s): PRE2001-00019
Project DeScription: 50% or more addition
Applicant: Dan winkleblick, Cornerstone Ltd.
PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL
Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permitting requirements and the California Storm Water Best
Management Practices handbook prepared by the Storm Water Quality Task Force, Santa
Clara Valley Water District and the City of Campbell Municipal Code regarding Storm
Water Pollution Prevention.
Site Plan: Upon submittal of a formal application, the developer shall provide a complete
and accurate Site Plan in accordance with the Planning Division's checklist.
j :\landdev\ 1240abbott2
Page 2 of 2
DEVELOPMENT REVIEW COMMENT SHEET
Distribution.
Completeness Comments:
Conditions of Approval:
Tentative SARC meeting:
Tentative P.C. Hearing:
ROUTE TO:
X
Architectural Advisor
Fire Department
Police Department
Redevelopment Agency
6/11/2001
6/18/2001
6/25/2001
7/12/2001
7/24/2001
X
X
Land Development Engineer
Traffic Engineer
Service Center
Building Division
,PRO3ECT DESCRTPl'ZON:
New single-family residence in the San Tomas Area
File No.:
APN:
Applicant:
Property Owner:
Project Address:
Zoning:
General Plan:
Project Planner:
PL~2001-73
[4~06-15-017
Dan Winkleblick, Cornerstone Ltd.
Brad and Debbie .lohnson
1240 Abbott Ave.
R-1-9
Low Density Residential (less than 4.5 units/gross acre)
Kristi Bascom x2412
DEPARTMENTAL RECOMMENDATION:
If it can be determined that this project will require minimal or no comments by your
department/agency, please return this comment sheet with your initials to the Project Planner as soon
as possible,
Status
Initial
No Comments
Comments (see attached)
MEMORANDUM CITY OF CAMPBELL
TO:
FROM:
SUBJECT:
Kristi Bascom, Project Planner
LHYnnPenoyer, Development Manager
Land'
arold Housley, Land Development Engineer
DRC APPLICATION
DATE: 5/7/2001
Site Address: 1240 Abbott Avenue
For File No(s): i/PRE~00~ 1-00019
Project Description:~!,5~ or more addition
Applicant: Dan Winkleblick, Cornerstone Ltd.
PUBLIC WORKS DEPARTMENT PRELIMINARY CONDITIONS OF APPROVAL
Proof of Ownership: Prior to issuance of any grading, drainage, or building permits for the
site, the applicant shall provide a current preliminary title report, grant deed, or other
satisfactory proof of ownership.
Unsecured Deferred Street Improvement Aareement: Prior to issuance of any grading,
drainage, or building permits for the site, the owner shall execute an unsecured deferred
street improvement agreement for construction of standard street improvements for
Hacienda Avenue and Abbott Avenue.
Utilities: All new on-site Utilities shall be installed underground per Section 20.36.150 of
the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant
shall comply with all plan submittals, permitting, and fee requirements of the serving utility
companies.
Utility Installation Plan: Prior to issuance of building permits for the site, the applicant
shall submit a Utility Installation Coordination Plan and Schedule for approval by the City
Engineer for installation of street improvements and/or abandonment of all utilities. Streets
which have been resurfaced within the previous 5 years will require boring and jacking for
all new utility installations. Applicant shall also prepare pavement restoration plans for
approval by the City Engineer prior to any utility installation or abandonment.
Storm Drain Area Fee: Prior to issuance of any grading or building permits for the site, the
applicant shall pay the required Storm Drain Area fee which is $2,000 per acre.
Page 1 of 2
Site Address: 1240 Abbott Avenue
For File No(s): PRE2001-00019
Project Description: 50% or more addition
Applicant: Dan Winkleblick, Cornerstone Ltd.
PUBLIC WORKS DEPARTMENT PRELIMINARY CONDITIONS OF
APPROVAL
Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building
permits, the applicant shall comply with the National Pollution Discharge Elimination
System (NPDES) permitting requirements and the California Storm Water Best
Management Practices handbook prepared by the Storm Water Quality Task Force, Santa
Clara Valley Water District and the City of Campbell Municipal Code regarding Storm
Water Pollution Prevention.
Site Plan: Upon submittal of a formal application, the developer shall provide a complete
and accurate Site Plan in accordance with the Planning Division's checklist.
j:\landdev\ 1240abbott
Page 2 of 2
DEVELOPMENT REVZEW COMMENT SHEET
PRE-APPLZCATZON
Distribution
Preliminary Comments:
ROUTE TO:
X
Architectural Advisor
Fire Department
Police Department
Redevelopment Agency
April 16, 2001
April 30, 2001
X
X
J
Land Development Engineer
Traffic Engineer
Service Center
Building Division
PRO3ECT DESCRiPTiON:
Demolition of old and construction of new single-family residence in the STAN.
File No.:
APN:
Applicant:
Property Owner:
Project Address:
Zoning:
General Plan:
Project Planner:
PRE2001-19
406-15-J3~3~ 0
Dan Winkleblick, Cornerstone Ltd.
Brad and Debbie .lohnson
1240 Abbott Ave.
R-1-9
Low Density Residential (less than 4.5 units/gross acre)
Kristi Bascom x2412
DEPARTMENTAL RECOMMENDATION:
If it can be determined that this project will require minimal or no comments by your
department/agency, please return this comment sheet with your initials to the Project Planner as soon
as possible.
Status
Comments
No Comments
Additional information/revisions (see attached)
Initial
05,'23/~001 !1:14 FAi'~ 9258318885 ~'EW CENTLTRk' TITLE
FINANCIAL
TITLE COMPANY
NG.905
PRELE ILNARY RI .PORT
New Cc~ttu~ry Ti.tie Complmy
At;n: R.~be¢c& L. Daly
533 Syc~-zuorc Valley P~oad W¢~
Dm~ville, CA 94526
1388 $~t~er Strezt ~220
Ph~e: (415) ~3~ F~: (415) 885-3988
1240 Abbott Avenue
Campbell, CA 9~008
O~tcr lt.~fenmce: 1,4010050
~ skould be c~e~Uy
anO ~cumbz~ aff~n~ ~fle to ~e ~ This repo~ (~d uy ~pplcm~ he~) ~8 ~ssu~ so~ for ~e pu~sc ~ f~lng tho
poUcy of~ i~sa~ t g~r ur Com~e~l ~ be ~,
~e fo~ of pokey o~'~fle ~'~ce eont~pl~ by ~s rep~
~TA Len~r~ PoiI~
Dated ~ of Jaaua~ 12. 2001 at 7:30 ~m.
Th* ,~at: or ~st in ~c I~ h~e~ des~b~d ~ ~fe~ed to covered by ~s Re~n is:
Title to s~d ~s~tc or mt~.~ at ~e ~tc h~coff~ u~ ~:
B~ JO~ON ~%~ DEBO~ JO~$ON, ~B~ ,~N~ ~ AS JOINT TEN&NT5
0~/23/26U1 11:i5 FAX
LEGAL D~SCelFI~O~
TITLE ~] uO 3,' 00~
At the da~e hereof exeeptious to covermge in addition ~o the printed Exeepriou~ and Ex¢lu-.ion$ m said
p~liey would be ~ I~ilowm:
EXCEPTI05'$:
~ ~ ~ be I~ed ~r ~c ~ ~ 2001-2002.
~op~ ~Xe$, ~clud~ ~y ass~~ ~c~tcd ~ ~, for ~ fiscal ye~ 200G-2001,
~e ~s f~Eow~:
Assessors P~c~l N~,: 403~ 15-0 t 7
~de ~ 10-043
Bi~ No: No~
~M; $2t3,5~.00
Ex.prior: $7,000,~
!at ~Ilm~;: $1,678.~3 Pad
2v~ ~s~t; $1,67~,63 Op~,
Wne H~ of suppl~ ~s, if ~y, ~ss~ p~t to the pm~si~s of Ch~ 3.5
(commencing wi~ S:c~on 7~) of ~e R~ue ~ T~a~ Code ~f~e
pm~cc, l~m~m~on ~ ~~on b~ed on r~e, color, reH~, sex. m~tal ~ ~c~.
~,c~ o..~ to ~ ext~t ~ch cov~, ~n~fious or
r~tfi~ ~clate 42 U.S.C, ~360~c) or C~ifo~a ~v~i Code ~
~d~ gta~ ~d f~era[ l~v on the a~ of ~cup~ ~ s~or h~g or houri
R~o~ed: May 27, 1.94& ~ Be~ 1621, Page 581, O~c~ Reco~.
S~d COvel~tS, coCOons ~d r:~CSO~ ~vi~ ~a~ a viclati~ ~er~t~ ~1 not ~ndcr
mv~d ~c h~ cf~y mor~age or d~d of~st ml~ m good fi~. ~ for v'al~.
con~o:~ set fo~ tb~ -
S~id ~ovenants.~ ¢crndi~ions and reseic6om do not pro'~de for ~c ~ress farfejtu~ or
reversiou theraof.
05/23,'200! 11:18 FA%
NE~ CENTURY
TITLE
Dc~ of Test ~ecu.,'Mg paymc~ of the amou~ h~~ ~
Dat~: Au~ 20, 1~99
~o~: $310,~00.00 '
B~~: ~tc~ Mo~,
k~es~: I~B~I Clash Ro~ ~t. ~i~, ~~ 530I l
R~d~: ~ 26, i~9, S~ No. 14959073, O~ci~ ~co~s.
payable :d:r ~ t~
$~t~b~ 15, 1999
$2/,000.00
~ ~o~o~ ~d Debo~ lo.son, husb~
M~ $, D~b~k ~ M~ S. D~rook, T~e of~e
Dog.rook M~ ~ dat:d 6/29/I
2474 ~I~o~ ~v~, 8~ ~o~e, CA 9~128
No~ Sho~
Octo~ 6, 19~, S~ No. I500i940, Of~ci~
Da:ecl:
Address:
Loan Number:
Recorded:
05.'23,'2t~01 1.!:18 FAX ~2~g~l.&$$3
Page No, 5
Orcter No, 45002~64.583-PL$
NEW CENTURY TITLE
,NC, ~5
w.6/10
NOTES:
a. S, R appae,s:
bo
Tids r~ort dce~ not reflect requests for ~::ice of default, reque, sts for not/ce o/'cle~u~cy, subs~la~rtt
trax~rs of ear,meats, ~ sim~lar maeer~ aot ge,nnau~ ~o the ~s~u~nc, of the !~hcy of~itl~
M~dates ot~ C~tbmi~ ~ce Code r~es bom R~o~ ~ checks ~d~ ~ , "
~sc~w ~o~s. ~Ch ~ va~ d~;.~, ....... u ..... ~, crow or sub-
~des coy=age for en~ommta] pmtcc5on.
Single F~ly Dw~Iing ~o~ ~ 12~ ~bott Avmue, ~pbell, CA 9500&
At ~e cio~ of~scrow, ~ ~TA L~n~ POEoy cf~tle ~e ~11 be ~ ~ i00 ~d 11~
If the land is at~ in;provexi r~ide~tia! Ici on which them is locatlxi a one-to.four family residence and
ca~h/nsm, ed buy~ ia a natural per~n, and re:less othe,"wlae dir~:~, we 'w~!I issu~ th~ ex~ded
covetago CLTA Ho~.eowa~rs Policy ofTit!c I~'Xt,"~n, ce (6/2/98).
The .tbllowing is fia"aishect ,%r informalion or/y:
There h~ve been no record~ conveyances a,ff~ri~$ tM herein tta~ed lan/, withi~ twe, nty-iour
raonths prior to the date of this report.
~ -- --- EXItXBIT "A" '"-'"'-~'
LI.S~ OF P~D EXCZPTIONi .&.ND EXCLUSIONS
CLTA pr=~r~irm~. R~orc Form
CLTA PRELIM~Alt, Y 1LEPOR.T I~OP~M
LIST OP P~BD ~CBPTION8 ~ EXCLUSIONS
SC~DULB B
C.~O~ ~N~ TITLE ~S~TION HOi~O~-~K'S POL~C~ - EAG~ (6/~8)
~XCLUSIONS FROM COV~G~
c. land
Z AMB!~CAN' L~x~D TITLE ASSOCIATION LO&N POLICY (10-17-92)
~,~H ~TA EN~OP~B~ - FO~M I CO.AGE
t. (a) ,~y' ~mw, using* ~ gov~ ~hU~ (~cl~g but ~ot ~d t~ b~g ~d zer~g ~w~ ~d~uc~ ~ ~)
11:17 F,{% ,q_~$.~Ol$SB5 YE~ CENTURY TITLE
0~,'25/2;]01 11:!';' ?.~,~ 92,",.~,S!$$$.2 .N£'~ C£.~;'~['R¥ '['ZTL]Z $2?
(IS,' 2.~,'Z~:'l 12. :18 _~.:~% ~2,SSB!858~ NE'~~ CE.WTURg TITLE
Lynn Peno~er
From:
Sent:
To:
Cc:
Subject:
Bob Kass
Tuesday, November 05, 2002 3:21 PM
Bill Helms
Lynn Penoyer; Bo Chen; Darcy Smith
FW: Rolling Hills & Improvements at 1240 Abbott Avenue
Can you have a preliminary discussion on this with Darcy, and work with Lynn to resolve as necessary, thanks
..... Original Message .....
From: Darcy Smith
Sent: Tuesday, November 05, 2002 3:19 PM
To: Lynn Penoyer; Bob Kass
Cc.' Bo Chen; Sharon Fierro
Subject: Polling Hills &[mprovements at 1240 Abbott Avenue
Lynn and Bob:
There is (yet another) issue with the Rolling Hills project that has presented itself that Planning needs help
with.
As a Condition of Approval of the Rolling Hills project the applicant is required to make a "good faith effort to
arrange to be paid by the property owners of 1240 Abbott Avenue to construct standard street improvements
on Hacienda Avenue and the curb return at Abbott Avenue that are required under a Deferred Street
Improvement Agreement that the owners signed in 2001." This CoA was added to address concerns raised
by the San Tomas Area residents.
Yesterday Bo met with the owners of 1240 Abbott Avenue and the Rolling Hills applicant. They determined
that there is not enough ROW in front of 1240 Abbott Avenue to install the same street improvements that will
be constructed on the Rolling Hills site (that is, a 15-foot shared bike and travel lane, 8' on-street parking, a
4.5' park strip, and a 4.5' sidewalk). No ROW dedication was required as part of the approval for the new
house at 1240 Abbott.
Geoff wanted me to tell you that he would like to get additional ROW out of the owners to provide a 33' half
width. He believes that even though dedication was not required as a CoA, it can be required under the
Deferred Street Improvement Agreement. He believes that since they are required to construct "standard
street improvements," they must provide the dedication neccesary to construct those improvements. At the
time the project was approved in 2001 the City did not know what these improvements would consist of.
Currently there is a garage at 1240 Abbott Avenue that has a 12' setback to the property line. While this is
the minimum required setback, Geoff does not care if the setback to the garage decreases to less than the
standard 12' setback with a shift in the property line to provide a wider ROW.
Alternatively if you do not want to require additional dedication it seems that the park strip could be eliminated
and a
monolithic sidewalk could be installed.
Please advise at your convenience. Thanks
Darcy
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